Terms of service
PREAMBLE
This information notice is provided for the website https://www.distilled.love/ (the "Website").
Seller Information: Società Agricola Birra Love S.r.l., Via Raffaello Sanzio 32 – 20149 Milan (MI), Chamber of Commerce of Milan Monza Brianza Lodi, VAT No. 10338040966, Email: info@distilled.love (the "Seller").
Art. 1 Scope of Application
1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller through the Website.
1.2 If the Website allows for the entry of your tax code during a purchase, this implies you are acting as a Consumer pursuant to Article 3, paragraph 1(a) of the Consumer Code (Legislative Decree 6 September 2005, No. 206). A Consumer is defined as a natural person acting for purposes unrelated to their entrepreneurial, commercial, professional, or artisanal activity. Conversely, if the Website allows for the entry of a VAT number (yours or that of a legal entity), this implies a purchase as a "Professional" pursuant to Article 3, paragraph 1(c) of the Consumer Code. A Professional is defined as a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or their intermediary. The implications of purchasing as a Consumer versus as a Professional will be described later in this document.
1.3 The terms mentioned herein are to be understood as business days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Website are for illustrative purposes only. Colors may differ from actual ones due to the settings of the computer systems or devices used for viewing.
1.4 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be effective from the moment they are published on the Website. You are therefore encouraged to regularly access the Website and consult the most updated version of the General Terms and Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by entities other than the Seller that may be present on the Website through links, banners, or other hypertext connections.
1.7 Before conducting business transactions with such entities, you must verify their terms and conditions of sale.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such entities.
1.9 The Seller does not monitor or control the content of websites accessible through such links and is therefore not responsible for their content, any errors, omissions, or legal violations.
1.10 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Website, including during the purchase procedure.
1.11 Unless otherwise agreed upon with the Seller, it is not possible to place orders via email on the Website. The Seller does not accept orders by phone unless otherwise agreed upon with the customer.
1.12 All elements of the Website are the property of the Seller or third parties. Unless specific written consent is obtained from the Seller, it is prohibited to reproduce, in whole or in part, by any means, distribute, publish, transmit, modify, or sell any part of the content of the Website.
1.13 Under no circumstances shall the Seller be held liable to you or third parties for any indirect, incidental, special, or consequential damages. This includes, but is not limited to, any loss of profit or other indirect loss resulting from the use of the Website or the inability to use it. The Seller does not guarantee or assert: (i) that the Website is free of viruses or programs that may damage data; (ii) that the information contained on the Website is accurate, complete, or up-to-date.
Art. 2 Purchases on the Website
2.1 To make purchases on the Website, you must follow the procedure outlined on the Website, entering the required data as prompted. The sales contract is concluded when the order is received by the Seller.
2.2 You agree to immediately notify the Seller if you suspect or become aware of any unauthorized use or disclosure of any information you have entered on the Website.
2.3 You guarantee that the personal information provided is complete and truthful and agree to indemnify and hold the Seller harmless from any damage, compensation obligation, and/or penalty arising from and/or in any way related to the violation of this commitment. You agree to immediately notify the Seller if you suspect or become aware of any unauthorized use or disclosure of your login credentials for the Website.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any legal provision.
2.5 To place orders on the Website, it is not necessary to accept these General Terms and Conditions of Sale. However, submitting a purchase order constitutes acceptance of this document.
2.6 On the Website: (i) it is possible to purchase alcoholic products. The Seller reserves the right to verify, either on the Website or during the purchase process, that the buyer is over 18 years of age. Under Italian law, the purchase of alcoholic products is prohibited for individuals under the age of 18; (ii) adult products are not sold; (iii) food products are not sold.
2.7 After completing a purchase, you will receive an order confirmation email.
Art. 3 Product Availability
3.1 The products offered on the Website are available in limited quantities. Therefore, it is possible that the product ordered may no longer be available after the purchase order has been submitted.
3.2 Information regarding product availability is provided on the Website.
3.3 You will be informed in the event the ordered product is unavailable. In this case, you are entitled to terminate the purchase contract. However, please note that before requesting contract termination, the Seller reserves the right to take the following measures:
- If restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment of the difference if applicable, and with the user's express acceptance.
- If restocking is possible, the Seller may extend delivery times, providing a new delivery date.
3.4 If a refund is requested for unavailable products, the Seller will process the refund within a maximum of 7 days.
3.5 If you exercise the right to terminate the contract, the contract will be considered terminated. If payment of the total amount due, including the product price, shipping costs (if applicable), and any additional fees as per the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due as described in the "Payment Methods" section below.
Art. 4 Prices
4.1 Prices on the Website include VAT.
4.2 Prices on the Website do not include the RAEE contribution, as the products sold are not subject to such requirements.
4.3 The Seller reserves the right to change product prices at any time without notice. However, the price charged to you will be the one indicated on the Website at the time of order placement, regardless of subsequent price changes (either increases or decreases).
4.4 Whether shipping costs are included or not will be specified during the purchase process, on the product page, or elsewhere on the Website.
4.5 Products will only be shipped after payment authorization or confirmation of receipt of the Total Amount Due. Ownership of the products is transferred to you upon shipment, defined as the moment the product is handed over to the carrier. The risk of loss or damage to the products, not attributable to the Seller, transfers to you when you, or a third party designated by you other than the carrier, takes physical possession of the products.
4.6 The purchase contract is conditionally resolved if the Total Amount Due is not paid. Unless otherwise agreed upon in writing, the order will be canceled accordingly.
Art. 5 Payment Methods
5.1 This article outlines the payment methods available on the Website.
5.2 On the Website, you may purchase using payment cards. Charges will only be made after: (i) the payment card details have been verified, and (ii) the issuing company authorizes the charge. Under the 2015/2366/EU Directive on payment services in the internal market (PSD2), you may be required to complete the purchase process by meeting authentication criteria established by the payment institution managing the online transaction. Authentication criteria include user identity verification (requiring user registration on the Website during the purchase process) and simultaneous entry of an authentication code provided by the payment institution (Strong Customer Authentication). Failure to complete this process may prevent you from finalizing the purchase. Payment card details (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the Seller's servers. The Seller neither accesses nor stores these details, even if you choose to save them on the Website.
5.3 Bank transfers are not accepted as a payment method on the Website.
5.4 Cash on delivery is not available as a payment method on the Website.
5.5 If a discount code value is lower than the order total, the remaining amount can be paid using the available payment methods on the Website. Each discount code can only be used for one purchase and cannot be converted into cash under any circumstances.
5.6 Any alternative payment methods, if available, will be described in this article.
The Website also allows purchases via PayPal. If you choose PayPal as your payment method, you will be redirected to the www.paypal.it website, where you will complete the payment according to PayPal's procedures and terms agreed upon between you and PayPal. Information entered on the PayPal website is handled directly by PayPal and is not transmitted to or shared with the Seller. The Seller does not access or store the payment card details linked to your PayPal account or any other payment instrument connected to that account.
Art. 6 Delivery of Products
6.1 The delivery of Products is carried out at: {delivery-location}.
6.2 The delivery obligation is fulfilled by transferring to you the material availability or control of the Product.
6.3 Delivery time for Products from the order submission: 7 days.
6.4 The term indicated in Art. 6.3 is to be considered indicative and not binding. The Seller reserves the right to deliver the Products within 30 days from the order submission. It is your responsibility to verify the condition of the delivered Product. While the risk of loss or damage to the Product, not attributable to the Seller, transfers to you when you, or a third party designated by you and different from the carrier, take material possession of the Product, the Seller recommends verifying the number of Products received and ensuring the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. For your own interest, you are advised to indicate any anomalies on the carrier's delivery note, accepting the package with reservation. If the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller.
6.5 Regarding the possibility of requesting delivery of Products to a "pickup point," the Seller informs you that the Website does not currently offer the option to collect the Product at a "pickup point" other than the address provided by you during the purchase process. However, you are encouraged to regularly check the Website to see if this delivery option becomes available in the future.
Art. 7 Right of Withdrawal
7.1 Users are advised to carefully read this article, which governs the right of withdrawal.
7.2 The right of withdrawal allows Consumers to terminate the purchase contract without being required to provide any reason. If you have purchased as a Professional, the right of withdrawal does not apply unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are outlined in this Article 7. If no exceptions apply, this Article 7 will be fully applicable.
7.3 If you qualify as a Consumer (and no exceptions apply), you have the right to withdraw from the purchase contract without providing any reason and without incurring costs other than those specified in this article, within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller of your decision to withdraw before the Withdrawal Period expires. You can do so by writing to the Seller at the contact details provided in the Preamble or by using the contact form available on the Website. Your right of withdrawal is considered exercised within the Withdrawal Period if the communication regarding the exercise of this right is sent before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as well as the responsibility for their transportation. In the event of withdrawal, the Product must be delivered to the Seller's premises or to a different address communicated by the Seller. The Withdrawal Period expires after 14 days:
- For orders involving a single Product, from the day you or a third party, other than the carrier and designated by you, acquire physical possession of the Product;
- For a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, acquire physical possession of the last Product; or
- For an order involving the delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquire physical possession of the last lot or piece.
7.4 If withdrawal is applicable, the Seller will refund the Total Amount Paid, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day the Seller is informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. If the Products were shipped using a carrier chosen and paid for by the Consumer, the Seller may withhold the refund until the Products are received or until the Consumer provides proof of having shipped the Products, whichever occurs first. The Consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must be stored, handled, and inspected with ordinary diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction manuals, with identification tags, labels, and the single-use seal, if present, still attached to the Product and intact and unaltered. It must also be perfectly suitable for its intended use and free from signs of wear or dirt. Withdrawal also applies to the entire Product. It cannot, therefore, be exercised in relation to parts and/or accessories of the Product. If the Product for which withdrawal has been exercised has suffered a reduction in value resulting from handling other than what is necessary to establish its nature, characteristics, and functioning, the Seller reserves the right to deduct from the refund an amount equal to this reduction in value. The Seller will notify you of this circumstance and the consequent reduced refund amount, providing, if the refund has already been issued, the bank details for payment of the amount owed by you due to the reduction in value of the Product. If the withdrawal is not exercised in compliance with applicable laws, it will not result in the termination of the contract and, consequently, will not entitle you to any refund.
7.5 In light of the above, the Seller highlights that the costs of returning the Product will be borne by you and will be your responsibility.
Art. 8 Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is reserved for Consumers. It, therefore, applies only to users who have purchased on the Website for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activities.
8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of delivery. The action to enforce defects not fraudulently concealed by the Seller is, in any case, time-barred 26 months after delivery.
8.3 Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within twelve months of delivery already existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the twelfth month after delivery, it will be the Consumer's responsibility to prove that the lack of conformity existed at the time of delivery.
8.4 In the event of a lack of conformity, the Consumer is entitled to the restoration of conformity, or to receive a proportional price reduction, or to terminate the contract under the conditions set out in Articles 135-bis and following of the Consumer Code.
8.5 The Seller is not liable for damages of any kind resulting from improper and/or non-compliant use of the Product as per the manufacturer's instructions, or for damages resulting from unforeseen events or force majeure.
8.6 If you purchased as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal warranty is governed by Articles 1490 and following of the Italian Civil Code; in particular, the term for reporting any defects is 8 days from discovery, and the action is time-barred one year after delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is an additional warranty to the Legal Guarantee of Conformity that may be provided by the Seller for the Products. Unless otherwise stated on the Website, the Products sold on the Website are not covered by a Manufacturer's Warranty. In any case, you can always exercise your rights under the Legal Guarantee of Conformity as outlined in the previous article.
Art. 10 Applicable Law and Jurisdiction; Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Website are governed by Italian law.
10.2 The application of any more favorable and mandatory provisions provided by the law of the country in which the Consumer has their habitual residence is reserved for Consumers who do not habitually reside in Italy.
10.3 For Consumers, any dispute relating to the application, execution, and interpretation of this document will fall under the jurisdiction of the court of the place where the Consumer resides or has elected domicile.
10.4 For Professionals, any dispute relating to the application, execution, and interpretation of this document will fall under the jurisdiction of the court where the Seller is located, as indicated in the Preamble.
10.5 The Seller informs Consumers that, in the event of a complaint submitted directly to the Seller that could not resolve the resulting dispute, the Seller will provide information regarding the Alternative Dispute Resolution (ADR) bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale. The Seller will specify whether it intends to make use of these bodies to resolve the dispute.
10.6 The Seller further informs Consumers that a European platform for online dispute resolution (ODR) has been established. The ODR platform is accessible at the following address: http://ec.europa.eu/consumers/odr. Through the ODR platform, Consumers can consult the list of ADR bodies, find the link to the website of each body, and initiate an online dispute resolution procedure.
10.7 In any case, the right of the Consumer to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court dispute resolution procedures relating to consumer relations through the procedures set out in Part V, Title II-bis of the Consumer Code.
Consumers residing in a European Union member state other than Italy may also access the European procedure for small claims disputes established by Regulation (EC) No. 861/2007 of the Council, dated July 11, 2007, provided that the value of the dispute does not exceed €5,000.00, excluding interest, rights, and expenses. The text of the regulation is available at: http://www.eur-lex.europa.eu.
Art. 11 Customer Service
11.1 You can request information, send communications, ask for assistance, or submit complaints by contacting the Seller at the contact details provided in the Preamble, or by using the contact form available on the Website.
11.2 The Seller will respond within an indicative time frame of 4 days.
Art. 12 Miscellaneous
12.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided by the applicable law at any given time are preserved.